The Marchman Act refers to the Hal S. Marchman Alcohol and Other Drug Services Act of 1993. The Marchman Act provides emergency assistance and brief detention for individuals who are in need of substance abuse assessment, intervention, and treatment in the state of Florida. The Marchman Act, in combination with a well balanced and long-term plan, is able to help individuals hit a manageable bottom through the use of a court-ordered framework that allows for recovery with built-in support.
A Marchman Act may be initiated through filing an involuntary assessment petition in The Marchman Act refers to the Hal S. Marchman Alcohol and Other Drug Services Act of 1993. The Marchman Act provides emergency assistance and brief detention for individuals who are in need of substance abuse assessment, intervention, and treatment in the state of Florida. The Marchman Act, in combination with a well balanced and long-term plan, is able to help individuals hit a manageable bottom through the use of a court-ordered framework that allows for recovery with built-in support.
A Marchman Act may be initiated through filing an involuntary assessment petition in the Florida county court in which the individual in need resides. The individual who files the petition must file it in good faith and evaluated by the courts prior to granting the request. The individual who petitions a Marchman Act must have direct knowledge and reason to believe that an individual has lost their ability to control themselves regarding the use of substances and the likelihood exists that the individual has the ability to inflict harm upon themselves or others if they do not receive help. It must also be concluded that the individual in need of treatment does not have the capacity to make decisions rationally regarding their need for substance abuse treatment. After the court has been able to gain the information needed regarding an individual’s need for treatment, the court will enter an order for involuntary assessment in order to gain diagnostic information to formulate a treatment plan and stabilize the individual. The stabilization period has a maximum length of five days. After stabilizing the individual, the court will then review the findings of the assessment and may then enter an order for involuntary treatment for a maximum of 60 days.
Filing a Marchman Act Petition
In order to file a petition, the individual filing must obtain a packet to complete from the clerk at their local county courthouse. Within this packet, the individual must completely detail their observations and documentation regarding the symptoms and severity of symptoms that have been witnessed. After the packet is completed, the clerk at the courthouse will present the petition to the magistrate assigned to executing the order. After the order is signed by the magistrate, the county sheriff will enforce the order by delivering the individual who is impaired to the assessment center. Keep in mind that the Marchman order is not always easily enforced due to several factors. One of these factors is locating the impaired individual. If the county sheriff is unable to locate the individual, the order may not be put into place. Further, if the individual who is impaired arrives at the assessment center and seems to be well-groomed and with only traces of substances in their system, they will not have the Marchman Act enforced and the individual may be released.
The Marchman Act Florida is nationally renowned for working with individuals who require court ordered treatment for substance abuse. They specialize in assisting families with developing, implementing, and monitoring treatment solutions that are comprehensive and meet the unique needs of individuals who need help. The Marchman Act is seen as a judicially powerful therapeutic tool to aid individuals in immediate need of treatment for substance abuse. Counselors who specialize in comprehensive interventions are present throughout the Marchman Act process and are able to provide support to the individual receiving treatment and their family members.
If you would like more information regarding the Marchman Act, filing a petition for a Marchman Act, or treatment for substance abuse, please contact our office at 833-497-3808. Our staff looks forward to speaking with you and helping you navigate this process.